Citation: 1990 ONCPC 4001
ONTARIO POLICE COMMISSION
IN THE MATTER OF an Application by the Corporation of the Town of Mount Forest for consent to abolish the Town Police Force in order to enter a contract with the Ontario Provincial Police for police services.
Presiding Members:
G. Normand Glaude, Member
Ruth Corbett, Member
DECISION
This matter arises out of a resolution passed on August l4th, l989 by the Corporation of the Town of Mount Forest, wherein the Town Council requested that the Ontario Police Commission consent to the Local Police Force being abolished in order that the Town can enter into a policing agreement with the Ontario Provincial Police.
As a result of this application, a Public Hearing was held on November 30th, l989 in the Mount Forest District Community Centre, King Street East, Mount Forest, Ontario.
The following persons made submissions at the
hearing:
Bruce Barton, Deputy Reeve;
Chief B.J. Burns of Fergus,
representing
the
Ontario
Association of Chiefs of Police;
- M.M. Connolly, Administrator of the Police Association of
Ontario;
- Constable Robert McIntee, President of the Mount Forest
Police Association;
Norman Frazer, Citizen;
Donald Birtwistle, Citizen;
Robert Plamandon, Citizen; and
June Thompson, Local Business Person.
Deputy Reeve Barton provided an overview of the policing situation in the Town of Mount Forest. He submitted, on behalf of the Town Council, a written brief which clearly indicates the problems that the Town has had in hiring a chief of police and maintaining adequate police services.
He explained that the Town, had, in addition to the proposal before us today, explored many avenues to remedy this situation, including amalgamations with other forces.
He stated that the decision taken by Council was a
difficult one, but that they felt that the proposal for the Ontario Provincial Police policing of the Town of Mount Forest was the most satisfactory.
Chief Burns, speaking on behalf of the Ontario Association of Chiefs of Police, spoke against the proposal. While he did not question the adequacy of the proposal, he urged the Town of Mount Forest and this Commission to consider the importance of maintaining a truly Local Force. He questioned the wisdom of this Council's request for Ontario Provincial Police policing and went on to accuse the Council of abdicating their responsibility to provide good
solid policing.
He felt that the Town Council had not provided the acting Chief with sufficient support, training and proper equipment. He urged the Solicitor General to "put forth a new Police Reform Act and to establish Boards of Commissioners of Police to discharge their duties in a non- political atmosphere".
Mr. Connolly then took the floor. He
began by
saying
that there was no question in his mind
that the
proposal before us was more than adequate.
He then went on, however, to make the following
comments.
He felt that the politicians had not fulfilled
their obligations in providing proper policing. As a result, morale in the Local Force was low.
He stated that small police forces
were
being
starved
out of existence and in his opinion
were
being
systematically eliminated. He called on the Ministry of the
Solicitor General to study the situation carefully.
He did indicate that by accepting the Ontario Provincial Police proposal the Community would lose direct control over its Police Force.
He agreed that all of the Police Officers of the Local Force had been offered positions with the O.P.P., but went on to say that there was no real guarantee of employment.
Further, he noted that in transferring to the Ontario Provincial Police, the officers in question would, in effect, lose pensionable years, and as such he urged this Commission to require as a condition of acceptance of this proposal that the Ontario Provincial Police credit the officers pension plans accordingly.
Mr. Connolly then went on to question the integrity
of this Commission.
He submitted that the purpose of the Hearing was
simply to
rubber stamp the proposal. He accused the
Commission, in a recent disbandment hearing for the Town of Tweed, of failing to impose conditions to insure that the Tweed Police Chief would obtain employment with the Ontario Provincial Police.
He went on and accused the Ontario Police Commission of not properly enforcing the conditions included in a similar decision involving the Town of Napanee.
In short, he expressed little confidence in the
Ontario Police Commission.
We then heard from Constable Robert McIntee who spoke on behalf of the Mount Forest Police Association. His submission was very straightforward. He spoke on behalf of most if not all of the Local Officers. He felt that the proposal was appropriate and in the end a practical solution to a serious problem. He assured the Commission that all of the Police Officers had been offered positions with the Ontario Provincial Police. He stated that they were satisfied with the terms of employment and characterized this
proposal as "an exciting opportunity". the positions put forward by Mr. Connolly.
He did not support
He also believed that the majority of citizens were in favour of the proposal.
Mr. Frazer then came forward and reviewed some of the history surrounding this Police Force. He reviewed the proposed budget and felt that the Town would be paying more money for fewer hours of Police protection. Finally, he felt that the whole issue should be decided by way of referendum.
Donald Birtwistle spoke in favour of the proposal. He felt that the Town would have access to Ontario Provincial Police specialties, and the new service would offer better coverage. He submitted that there would be economies of scale, especially in dealing with training and
development.
He noted that the surrounding Towns had Ontario Provincial Police coverage and it seemed more logical to him to go with the present proposal. As for the officers themselves, he felt that they would benefit by being part of a larger bargaining unit.
Robert Plamandon is an Ambulance Supervisor who felt that many of the questions raised resulted from a lack of information on the proposal itself. He has had 30 years of experience with Ontario Provincial Police officers and felt the present proposal to be good for the Town of Mount
Forest.
Mrs. June Thompson spoke against the proposal. She
pointed to the increased costs, the apparent reduction of police coverage during the late hours. She felt this proposal would discourage people from moving into or establishing businesses in this Community. She felt that the loss of "the friendly neighbourhood cop", would be a serious loss to this Community.
She also felt that the matter should be decided by way of referendum.
As well, this Commission considered written submissions from the following:
(i)Robert Cottell;
(ii) Representations made by the Mount Forest Police
Association to the Town Council;
(iii) Brief prepared by the Ontario Association of Chiefs
of Police;
(iv) Town of Mount Forest Brief;
(v)Minutes of Public meeting held on June l4, l989 at the
Mount Forest Fire Hall Community Room;
(vi) Letter from the Blue Mountain Restaurant and
Tavern; all of which have been reviewed and considered
by us.
The function
and purpose of the Ontario
Police
Commission in matters
dealing with abolishing of
Police
Forces is set out in the relevant legislation. Simply put, before consenting to a Police Force being abolished, this Commission must satisfy itself that the proposed policing service will adequately satisfy the needs of the Community, in this case, the Town of Mount Forest.
Contrary to Mr. Connolly's opinion, this Commission does not simply rubber stamp proposals.
In fact, the very purpose of holding public meetings is to insure that all possible views are received by this Commission.
In rendering our decision, we have carefully considered the terms of the proposal itself; the submissions made; the fact that the Town Council has apparently thoroughly explored other alternatives and more importantly, that no one, not even the most vocal opponents to this proposal, have questioned the adequacy of the proposed police services.
As a result, we find that the proposal is adequate and consent to the Town of Mount Forest abolishing its Police Force and taking the appropriate steps to enter into the
necessary agreements to give effect to the proposal.
We wish to make the following comments in response to certain submissions made during this hearing.
Firstly, submissions were made suggesting changes to the Police Act and to the composition of Police Governing Authorities. As well, another submission was made suggesting that the Solicitor General should review the status of small Local Police Forces in the Province of Ontario. These submissions come from representatives of respected associations, who are well versed in Police and Government practices and we are confident that they will channel their submissions and views on those issues to the appropriate Ministry officials.
Secondly, and in response to the suggestions that the Commission's consent should be expressly conditional upon all of the officers being hired by the Ontario Provincial Police and that certain concessions be made to their pension, this Commission is of the view that it should not intervene in this case. The submissions made have been unequivocal. The Local Police Association had reached an agreement with the Ontario Provincial Police. All of the parties are content with their contractual arrangement. It would, therefore, not be appropriate for this Commission to impose any conditions on matters that have already been resolved. In any event, both sides have their remedies should the agreement not be completed to their mutual satisfaction.
Finally, and with respect to certain comments directed at the wording of, or measures to be taken to implement other decisions of this Commission, we are content that those submissions are not relevant to this hearing, and that the interested parties are well aware of their rights, obligations and remedies arising out of those decisions. Reference was made by Mr. Connolly to the Town of Napanee. We wish to make it clear that the Town of Napanee did in fact comply with the conditions specified by the Ontario Police Commission in its report.
DATED THIS
DAY OF JANUARY, 1990.
W.D. Drinkwalter, Q.C., Chairman
for G. Normand Glaude, Member
and Ruth Corbett, Member